Resolution amending the General Provisions referred to in Article 115 of the Credit Institutions Law

DOF: 27/12/2017

RESOLUTION amending the General Provisions referred to in Article 115 of the Credit Institutions Law

A seal bearing the National Emblem, which reads: United Mexican States.- Ministry of Finance and Public Credit, is placed at the margin.

RESOLUTION AMENDING THE GENERAL PROVISIONS REFERRED TO IN ARTICLE 115 OF THE CREDIT INSTITUTIONS LAW

JOSÉ ANTONIO GONZÁLEZ ANAYA, Secretary of Finance and Public Credit, pursuant to the provisions of Articles 31, fractions VII and XXXIV of the Organic Law of the Federal Public Administration, as well as Articles 115 and 115 Bis of the Credit Institutions Law, in exercise of the powers conferred upon me by Article 6, fraction XXXIV of the Internal Regulations of the Ministry of Finance and Public Credit, and having received the prior opinion of the National Banking and Securities Commission issued via letter number 213-2/7508175/42/2017 dated November 15, 2017; and

CONSIDERING

That one of the most effective mechanisms within the regulatory framework for the prevention and combat of operations with resources of illicit origin and terrorist financing is the implementation of identification and customer due diligence policies by credit institutions, as they constitute fundamental elements to mitigate the risk that such institutions are used for the commission of such offenses;

That since the year 2000, Mexico has been a member of the Financial Action Task Force (FATF), an intergovernmental body that sets international standards in matters of prevention and combat of operations with resources of illicit origin, terrorist financing, and financing for the proliferation of weapons of mass destruction;

That Mexico is committed to effectively implementing the 40 FATF Recommendations through legal and operational means for the purposes of preventing and combating the aforementioned crimes;

That in consistency with the above, and in order to strengthen the manner of collecting identification data and documents during personal interviews required for the celebration of certain operations, it is specified that credit institutions may conduct the personal interview referred to in the General Provisions referred to in Article 115 of the Credit Institutions Law via videoconference, in accordance with the requirements issued for such purposes by the National Banking and Securities Commission within the scope of its powers, ensuring at all times that this alternative does not constitute a mechanism that facilitates the commission of the offenses provided for and sanctioned in Articles 139 Quater and 400 Bis of the Federal Penal Code;

That Article 16 of the Political Constitution of the United Mexican States provides, among other things, that every person has the right to the protection of their personal data in the terms established by law;

That in accordance with the foregoing, Article 65 of the General Law for the Protection of Personal Data in Possession of Obligated Subjects provides that any transfer of personal data, whether national or international, is subject to the consent of its holder;

That in this sense, Article 21 of the General Law for the Protection of Personal Data in Possession of Obligated Subjects, as well as Article 8, in relation to Article 37, both of the Federal Law for the Protection of Personal Data in Possession of Private Parties, establish that, as a general rule, tacit consent will be valid, which is understood to be granted at the moment when, having made the privacy notice available to the holder, they do not manifest their will to the contrary;

That Article 115 Bis of the Credit Institutions Law allows for the exchange of information between credit institutions in terms of the General Provisions referred to in Article 115 of said Law, in order to strengthen measures to prevent and detect acts, omissions, or operations that could favor, assist, aid, or cooperate in any manner for the commission of the crimes provided for in Articles 139 Quater and 400 Bis of the Federal Penal Code;

That in view of the foregoing considerations and for the purpose of providing legal certainty, as well as making more efficient the use of the technological platform for the exchange of information referred to in subsection a) of fraction II of 62nd Quater of these Provisions, clarifications are made regarding the consent that credit institutions must obtain from their clients or users;

That in order for credit institutions to comply comprehensively and satisfactorily with what is provided in 62nd Quater of the Provisions, the deadline for providing information on fund transfers carried out by credit institutions is extended.

That having heard the opinion of the National Banking and Securities Commission, I have deemed it appropriate to issue the following:

RESOLUTION AMENDING THE GENERAL PROVISIONS REFERRED TO IN ARTICLE 115 OF THE CREDIT INSTITUTIONS LAW

ARTICLE FIRST.- The 7th-1, first paragraph, 16th, fraction IV, fifth and sixth paragraphs, 21st-3, third paragraph, and 62nd Quater, fraction VIII of the General Provisions referred to in Article 115 of the Credit Institutions Law are AMENDED, to read as follows:

7th-1.- The Entities, prior to the opening of demand deposit accounts in national currency or credits with natural persons of Mexican nationality acting in their own name and on their own behalf, as well as their co-owners or authorized third parties, may conduct the personal interview referred to in the previous 7th provision via videoconference, provided that all requirements issued for such effect by the Commission within the scope of its powers are met, and the identification file of each Client is integrated and preserved in accordance with what is provided in these Provisions.

...

16th.- ...

I. to III. ...

IV. ...

...

...

...

In addition to the documentation that each Entity must collect prior to executing the requests or orders for international fund transfers referred to in this fraction, it must have the consent of the Client or User in question, in accordance with what is established for this purpose in 62nd Quater of these Provisions, so that said Entity can consult and obtain the information and, where applicable, documentation on the said Client or User in any of the platforms referred to in said provision, for the purposes of what is provided in the present and other applicable provisions, subject to the authentication of the identity of said Client or User that the Entity must carry out in accordance with the guidelines referred to in fraction II of 62nd Quater of these Provisions.

In the consent referred to in the previous paragraph, the Client or User, as the case may be, may also recognize that the information and documentation included in the platform indicated in 62nd Quater of these Provisions corresponds to them, as well as that they grant their consent to said Entity, so that, under the responsibility of the latter, it takes it to comply with what is stated in the first paragraph of this fraction and integrates and preserves it in the respective file that it must keep in accordance with these Provisions, or in the systems referred to in 51st of these Provisions for the purposes of what is established in the fourth paragraph of this fraction.

...

...

21st-3.- ...

...

The Commission may review and, where applicable, order the Entities to modify their Risk evaluation methodology or their Mitigants, among other cases, when they do not consider a proper administration of Risks in the procedure and criterion/criteria for the determination of the opening, limitation, or termination of a commercial relationship with Clients or Users, which must be congruent with said methodology, as well as request an action plan so that they adopt reinforced measures to manage and mitigate their Risks.

...

62nd Quater.- ...

I. to VII. ...

VIII. To provide the information and documentation referred to in this provision to the technological platform, the Client or User who maintains the relationship with the Entities must grant their consent through the means established by the latter for these purposes, as well as so that the Client or User has full knowledge of the nature and scope of the information and documentation that the technological platform will provide to the Entities that consult it in accordance with this provision, as well as the fact that, regarding Clients, the Entity may perform periodic consultations of their information during the time that this maintains a legal relationship with the Entity;

IX. to XI. ...

ARTICLE SECOND.- The Seventh Transitory Provision, first and second paragraphs, of the Resolution that amends, adds, and repeals various of the General Provisions referred to in Article 115 of the Credit Institutions Law, published in the Official Gazette of the Federation on February 24, 2017, is AMENDED, to read as follows:

Seventh.- The guidelines referred to in subsection a) of fraction II of 62nd Quater, added to these Provisions in accordance with this Resolution, will be issued in two stages: the first, regarding the information corresponding to fund transfers, including that of ordering Clients and Users and beneficiaries, which the Entities, as of the date of publication of these Provisions, already deliver to the Bank of Mexico in compliance with the requirements it has formulated; and in a second stage, the respective guidelines will refer to the other information and documentation on Clients and Users provided for in Annex 2.

The Entities must begin to provide to any of the platforms referred to in 62nd Quater, added to these Provisions in accordance with this Resolution, the information on the fund transfers that the Entities themselves send or receive, within the deadlines specified below:

a) Within ten business days immediately following the publication of the first stage of the guidelines referred to in the first paragraph of this transitory provision, so that the Entities begin to report information on international fund transfers they send in any currency.

Without prejudice to the foregoing, those Entities that, from the publication of the referred guidelines, have the consent of some of their Clients and Users for the purposes of what is established in fraction VIII of the aforementioned 62nd Quater Provision, may provide the respective information referred to in this transitory provision.

b) On November 30, 2018, regarding the obligation of the Entities to report information on international fund transfers received in any currency.

c) On November 30, 2018, regarding the obligation of the Entities to report operations carried out on their own behalf in accordance with the guidelines issued for this purpose.

...

...

TRANSITORY PROVISIONS

SINGLE.- This Resolution will enter into force the day following its publication in the Official Gazette of the Federation.

Mexico City, December 18, 2017. - The Secretary of Finance and Public Credit, José Antonio González Anaya. - Initial.

In the document you are viewing, there may be text, characters, or objects that are not displayed correctly due to conversion to HTML format, so we recommend always taking the digitized image of the DOF or the PDF file of the edition as a reference. The content, form, and scope of published documents are the strict responsibility of their issuer.

INQUIRY

BY DATE

Do Mo Tu We Th Fr Sa

INDICATORS

Exchange Rate and Rates as of 29/08/2026

UDIS

8.809369

See more

SURVEYS

Did you like the new look of the Official Gazette of the Federation website?

No

Yes

Official Gazette of the Federation

Río Amazonas No. 62, Col. Cuauhtémoc, C.P. 06500, Mexico City Tel. (55) 5093-3200, where you can access our menu of services

Electronic address: dof.gob.mx

113

LEGAL NOTICE | SOME RIGHTS RESERVED © 2026